Most people dream of owning property at some point in their lives. Land ownership is considered an admirable achievement, and Texas property owners enjoy several benefits. However, there are circumstances in which a government entity may exercise its eminent domain authority to seize privately-owned property for projects intended to benefit the public. The seizing authority must provide landowners with “just compensation” in exchange for taking their land. When a federal, state, or local government entity wishes to invoke its eminent domain power, it will initiate condemnation proceedings against the affected property owners. Unfortunately, many Texas landowners do not recognize their legal rights during this process, making them vulnerable to lowball settlement offers and other disadvantages. If an upcoming construction project may impact your land, reach out to a trusted and experienced Texas condemnation attorney as soon as possible to discuss your options.
Defining Eminent Domain Authority in Texas
Eminent domain refers to “the power of the government or a private entity acting upon power granted by the government to take private property for public use.” The power of eminent domain is written into the Constitutions of both the United States and the state of Texas. Both of these legal documents state that the condemning authority must provide “just” or “adequate” compensation to the property owners in exchange for seizing their land. Essentially, there are three key elements involved in every eminent domain action under Texas law: (1) The condemnor must be authorized to exercise eminent domain; (2) the property may only be taken for public use; and (3) landowners must receive adequate compensation in exchange for their property. Let’s take a closer look at how these three elements shape eminent domain cases throughout the state of Texas.
Establishing the Condemnor’s Eminent Domain Power
Under Texas law, only qualifying governmental entities (or private entities expressly granted power) enjoy eminent domain authority. For instance, departments of transportation have the power to seize private land to expand a highway or construct a new freeway to relieve congestion and improve traffic flow. As of 2010, the Texas Legislature has the power to grant eminent domain authority to qualifying private entities, as long as there is a two-thirds majority of votes in both houses. Gas corporations, groundwater conservation districts, and common carrier pipelines have obtained eminent domain authority in this manner. The Texas Comptroller’s Office maintains and updates an online database of all entities that have eminent domain authority in the state.
Properties May Only Be Seized for Public Use
Under state and federal laws, properties may only be condemned for “public use.” However, the term “public use” is vague and leaves room for dispute. Historically, projects that have met the legal criteria for public use include transportation projects (construction of highways, bridges, railroads, airports, etc.), utility projects, water and sewer line installations, public construction projects (building new schools, hospitals, or public parks), and water-related projects (water supply, drainage, and water reservoir infrastructures). It’s important to note that public use does not include the seizing of property for transfer to a private party for the chief purpose of economic development or enhancement of tax revenues. However, if these are secondary purposes and not the main purpose, Texas courts may allow the power of eminent domain to exist.
Providing Landowners With Adequate Compensation
While private landowners may not be able to prevent a condemnor from seizing their property, they have the right to seek adequate compensation in return for their land. The term “adequate compensation” can be interpreted in several ways, so it’s essential for landowners to work with a trusted attorney to maximize their recovery. To determine adequate compensation, factors like the market value of the property, the highest and best use of the property, remainder damages, relocation costs, and other expenses must be considered. The entity invoking eminent domain power will notify the property owner of the condemnation proceedings in the form of a letter, which will include a settlement offer. It’s essential to understand that you have the right to negotiate the amount of compensation you receive—you do not have to accept their offer without question.
Making Informed Decisions With Confidence
Receiving a condemnation letter can be disorienting and confusing. These letters are typically worded in such a way that makes it seem as if you have no choice but to accept the offer. Before you give in, discuss your situation with a knowledgeable and caring Texas condemnation attorney. Together, you can assess the details of your case and identify strategies for negotiating a more equitable compensation offer or, if necessary, take the matter to court. With a dedicated attorney by your side, you can make decisions with certainty and confidence.
If you have questions about the condemnation process, the dedicated legal team at Sewell Sewell Beard LLC is here to help. Call our Texas office at (972) 777-5390 or our Alabama office at (205) 544-2350 today to learn more.
